WP(C) No.9484 of 2025 1 2025:KER:30482 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO.9484 OF 2025 PETITIONER: SHAJI KUNHIMON @ SHAJAHAN, AGED 64 YEARS S/O.KUNHIMON, NALAKATH (H), ENARC APARTMENT FLAT NO.5C MARAR ROAD, THRISSUR, PIN - 680001 BY ADVS. JOSEPH KIRAN D. THEKKEKARA SHINTO SABASTIAN ARUN ANTONY (K/1053/2011) JEO GEORGE RESHMA R.NAIR RESPONDENTS: 1 SPECIAL DEPUTY TAHSILDAR [RR] KERALA STATE FINANCIAL ENTERPRISES, SHIVA SHAKTHI BUILDING, COCHIN DEVASWAM BOARD, ROUND NORTH, THRISSUR, PIN - 680001 2 KERALA STATE FINANCIAL ENTERPRISES HEAD OFFICE, BHADRATHA, MUSEUM ROAD, P.B NO 510, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR, PIN - 680020 WP(C) No.9484 of 2025 2 2025:KER:30482 3 KERALA STATE FINANCIAL ENTERPRISES AYYANTHOL BRANCH, 1ST FLOOR, PEACE TOWER, CIVIL LANE ROAD, KALYAN NAGAR, AYYANTHOLE, THRISSUR, REPRESENTED BY ITS MANAGER, PIN - 680003 4 KARAMUKKU VILLAGE OFFICER KARAMUKKU VILLAGE F4F2+RRG, MANALUR, THRISSUR, KERALA, PIN - 680613 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.9484 of 2025 3 2025:KER:30482 JUDGMENT The petitioner is the guarantor to a chitty subscribed by one Unnikrishnan N.R. On default of payment of installments, the 1st respondent initiated recovery proceedings. Ext.P1 is the notice of attachment under Section 36 of the Kerala Revenue Recovery Act, 1968 and Ext.P2 is the notice of sale issued to the petitioner. Challenging Exts.P1 and P2, the petitioner has filed this writ petition. 2. Sri.Salil Narayanan, the learned Counsel for the KSFE, on instructions, submits that, as on 30.04.2025, an amount of Rs.34,92,312/- is outstanding in the account of the principal debtor and that the petitioner can be permitted to pay the said amount in reasonable installments. WP(C) No.9484 of 2025 4 2025:KER:30482 3. The learned Counsel for the petitioner submits that the petitioner may be permitted to pay the amount due in 20 equal monthly installments. 4. In the facts and circumstances of the case, there will be a direction to the petitioner to pay the due amount of Rs.34,92,312/- in 20 equal monthly installments commencing from 20.05.2025, along with accrued interest and applicable charges. 5. If the petitioner defaults payment of any of the installments, it will be open to the respondents to proceed against him for recovery of the amount, in accordance with law. To enable the petitioner to repay the amount in installments as above, all coercive proceedings against him pursuant to Exts.P1 and P2 shall WP(C) No.9484 of 2025 5 2025:KER:30482 stand deferred. It is made clear that, this judgment will not stand in the way of the petitioner approaching the KSFE for the benefit of any One Time Settlement Scheme. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN JUDGE sp/08/04/2025 WP(C) No.9484 of 2025 6 2025:KER:30482 APPENDIX OF WP(C) 9484/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE NOTICE DATED 13.05.2022 Exhibit P2 A TRUE COPY OF THE PUBLIC AUCTION NOTICE ISSUED BY THE 1 ST RESPONDENT TO THE PETITIONER DATED 21.01.2025 Exhibit P3 A TRUE COPY OF THE NOTICE ISSUED BY 2 ND RESPONDENT TO PARTICIPATE IN OTS PROGRAMME DATED 21.07.2024